Civil Procedure : Venue – Forum Non Conveniens – Intrastate Transfer

Where a tort lawsuit was filed in Jackson County on behalf of an individual injured in an ATV accident in Kansas and the plaintiffs were not Missouri residents, the individual defendants were not Missouri residents and the corporate defendants did not have a registered agent in Missouri but did own Missouri property in Bates County and the claims for negligent entrustment of the ATV and negligent supervision arose in Bates County, it was improper for the trial court to transfer the lawsuit to Bates County because Missouri courts have routinely found that intrastate transfer based on the doctrine of forum non conveniens does not apply, Section 508.010.5 does not prescribe a venue, and interpreting Section 508.101.5 to mean no Missouri venue was available would raise constitutional implications that would prevent some plaintiffs from accessing Missouri courts when subject matter and personal jurisdiction existed.

Preliminary writ made permanent.

State of Missouri ex rel. Neville v. Grate (MLW No. 66749/Case No. WD77342 — 12 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from the circuit court, Jackson County, Grate, J. (David C. DeGreef, Kansas City, for relator) (Charles H. Stitt, Kansas City, for respondent).

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